Assembly approves bill limiting funeral protests

The Associated Press

A bill to keep protesters away from funerals was one step closer to Gov. Jerry Brown's desk after a unanimous vote Thursday by the California Assembly.

The measure by Sen. Ted Lieu responded to a series of protests by the Westboro Baptist Church, a Topeka, Kan.-based group that has picketed military funerals around the country and contends the deaths reflect God's punishment for tolerating homosexuality.

The U.S. Supreme Court upheld the group's right to protest in a ruling in March on a lawsuit filed by the family of a slain serviceman.

If signed into law, the California measure would make it a misdemeanor, punishable by up to six months in jail and a $1,000 fine, to protest within 1,000 feet of a funeral for one hour before or after a ceremony.

Protesters also would not be allowed to use amplified sound and would have to stay on public property.

The Supreme Court examined the circumstances of the Westboro Baptist Church protest in reaching its decision, noting picketers were 1,000 feet away from the funeral ceremony, on public land and not audible or disruptive to graveside mourners.

Lieu, a Torrance Democrat and U.S. Air Force veteran, used the circumstances of that protest as the basis for the restrictions in his bill.

"I accept the fact that the U.S. Supreme Court has the power to render harmful decisions, but protesters should not be able to disrupt actual funeral services," Lieu said in a statement after Thursday's vote.

Lawmakers approved the bill 72-0 with bipartisan support. The state Senate also gave nearly unanimous backing in June to SB888, but must approve minor amendments before the bill can go to the governor.

The American Civil Liberties Union opposed the bill in committee as an infringement on free speech. Backers say at least 40 other states have passed limits on funeral protests. Westboro pastor Fred Phelps has challenged some of them.